Acceptance of Grant of Easement for Sanitary Sewer Utility_Edwards Road/Walen and Walling Copyrig hted
J uly 6, 2020
City of Dubuque Consent Items # 14.
City Council Meeting
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utilityfrom
Melissa N. Walen, Edwards Family Realty Company, L.C. and Bonnie R.
Walling
SUM MARY: City Manager recommending acceptance of Grants of Easement for
Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres,
Part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines
as part of the extension of the sanitary sewer.
RESOLUTION Accepting Grants of Easement for Sanitary Sewer Utility
associated with the Edwards Road Sanitary Sewer Project, in the City of
Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sanitary Sewer- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Walen Easement Supporting Documentation
Edwards Easement Supporting Documentation
Walling Easement Supporting Documentation
Dubuque
THE CITY OF �
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DuB E , . � . ,
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Maste iece on tj2e Mississi i zoo�•zoiz•zois
YP pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Melissa
N. Walen, Edwards Family Realty Company, L.C. and Bonnie R. Walling
across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly
Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque,
I owa
DATE: June 26, 2020
City Engineer Gus Psihoyos recommends City Council acceptance of Grants of
Easement for Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, Part
of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines as part of the
extension of the sanitary sewer.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v �
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
AII�Ameriea Cipl
DuB E � v,
;���� ��� ,
I I
Maste iece on the Mississi i Z°°'�Z°1Z'z°13
� pp zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: June 26, 2020
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility Melissa N.
Walen, Edwards Family Realty Company, L.C. and Bonnie R. Walling
across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly
Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque,
I owa
INTRODUCTION
The purpose of this memorandum is to seek acceptance of Grants of Easement for
Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of
Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque, lowa,
as part of the Sanitary Sewer Construction Project.
DISCUSSION
The property owners Melissa N. Walen (Walen) and Edwards Family Realty Company,
L.C. (Edwards) requested the extension of the public sanitary sewer from Lot 2-2 of
Beverly Pines through the Walen and Edwards property to serve existing and future
buildings.
The City entered into a construction agreement with Walen and Edwards for the extension
of a public sanitary sewer to serve their properties. The construction agreement states
that the City, Walen and Edwards would share in the cost of the construction of the
project. Edwards would be responsible for the total actual construction costs and Walen
will pay Edwards for all costs associated with the installation of sanitary sewer from the
City main to the Walen property.
The sanitary sewer is located in public street right of way but does encroach on the
property owned by Walen and Edwards. The agreement states that Walen and Edwards
will dedicate the sewer improvements and easement to the City for the purpose of
constructing, operating and maintaining the sanitary sewer across the property. A portion
of the new sanitary sewer extension encroaches on the Bonnie R. Walling (Walling)
property at the northern end of her driveway off of Miller Road. Walling has executed a
grant of easement to the City for this encroachment. The grants of easement and plats
are shown in the attached exhibits.
RECOMMENDATION
I recommend accepting the Grants of Easement for Sanitary Sewer Utility across parts of
Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2
of Beverly Pines, in the City of Dubuque, lowa, as shown on the exhibits attached to the
Grants of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grants of Easement for Sanitary
Sewer Utility from Walen, Edwards, and Walling through the adoption of the enclosed
resolution.
2
11
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11
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Doc ID 010527040005 Type GEN
Kind: EASEMENT
Recorded: 07/09/2020 at 02:13:06 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File 2 02 0-000098 94
Preparedby: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, lowa 52001 (563)589-4270
-Return to: Nate Kieffer, Cityof Dubuque, 50 W. 13th Street, Dubuquedlowa 52001(563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged, Bonnie
R. Walling, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their
heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE,
IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the
date hereof, rights of ways and easements through, under and across the
following described real estate situated in Dubuque, lowa, to wit:
Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa, as shown
on ExhibitA attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a sanitary sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement shall also
include the right to cut, trim or remove trees, bushes and roots as may be
required incident to rights given herein.
Together with the right to enter upon said property during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said sanitary sewer and
appu rten an ces.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
27od
(5) City Ennineer
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass and existing driveways,
may be removed and not replaced by the City of Dubuque in the process of
maintaining, repairing or reconstructing the sanitary sewer main utility. City of
Dubuque will not be responsible for the replacement, repair, or relocation of any
future improvements, besides turf grass and existing driveways, that encroach in
the proposed easement.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this ` day of
STATE OF IOWA,
, 2020.
Bonnie R. Walling
NOTARY PUBLIC
COUNTY OF DUBUQUE, SS:
On this ✓ Th' day of -,rtiNE , A.D., 2020 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Bonnie
R. Walling to me known to be the identical person(s) named in and who executed
the within and foregoing instrument, to which this is attached, and acknowledged
that they executed the same as their voluntary act and deed.
o T. Commission sion KIEFFERSSELL N Number778626
? AQQ� My commission Expires
/owh May 24, 2022
-0A4A ---(A 1v
Notary Public In and For Said State
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque
bAgg
All -America City
1 I /
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK
Approved By: RNK
Date: 05-29-2020
PART OF LOT 2-2 IN BEVERLY PINES
CITY OF DUBUQUE, IOWA
C.I.P. Number:
Sheet Number: 1 of 1
NORTH
0 20' 40'
SCALE 1" = 40' FEET
PD.t.IR
MORAN. PLASTIC CAP
LOT 2 WMEN ACRES
PER INST. N0.
2019-13774
80' N88° 05' 54"E 179.00' (179.06')
WIREDON REROD
PLASM CAP
AT'PECo LOTS
WALEN ACRES
LOT 2 8EVERLY
PINES NO. 2
PER INST. NO.
8391-9S
"EOT2
BEVERLY PINES NO.2
LOT 2 BEVERLY
PINES NO. 2
PER INST. NO.
8391-95
S80° 07' 36"W
921
450.13' (450.-
0
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
1 A1 07-o/-Z020
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
20' WIDE PERMANENT SANITARY_
SEWER UTILITY EASEMENT
S09° 49' 27"E 11.52'
S88° 10' 14"W 110.37'
S09° 49' 27"E 38.30' 7 ' r
r 59'(103.52)
EXIST. SAN.
V SEWER & MANHOLE
` FD }' IRON ROD
ATEECORNERLDT2
- NEVERLYJINESN02
NOTES:
.32
POI." IRON PIPE
LOT 2-2 BEVERLY
PINES
N730
21' 44„
N84° 35, 12'V
--®-
PD 1.25"IRON PIPE •
S73 ° 0
4
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: BONNIE R. WALLING
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
LEGEND
�y0
R.O.W.
(100.00')
FOUND IRON ROD/PIPE
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
- PROPOSED EASEMENT LINE
9.
E. WIDE".'"."
"PRYS EREIIST. NO.
20093821
/PD. 1.25" IRON PIPE
S)O r (4,46>°6,
etiso'Ssry
1
•521 (14j t. PL NE3-2 SEAM 7, ..ti\ �ON,V/
FD. 115"IRON PIPEN
S32° 02' 05"W 14.06'
(DIMENSION LINE
ONLY)
CITY OF DUBUQUE
EXHIBIT A - SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. JOB NO.
PROJECT EDWARDS ROAD SAN. SECTION TWPRANGE
ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION LOT 2-2 OF BEVERLY PINES
OWNER BONNIER. WALLING
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 195-20
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer
Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and
Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of
Dubuque, Iowa; and
Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties
as Listed above, in the City of Dubuque, Iowa from the property owners as listed above,
copies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the
offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 6th day of July 2020.
29,/‘,/
Roy D. Buol, Mayor
Attest:
Kevir{S. Firnstahl, CIVIC, City Clerk
CERTIFICATE of tie CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 195-20 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of July, 2020.
Kevin . Firnstahl, CMC,C,ity Clerk
0
A
w
11
i
V
Doc ID. 010527030005 Type GEN
Kind: EASEMENT
Recorded: 07/09/2020 at 02:12:26 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-00009898
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged,
EDWARDS FAMILY REALTY COMPANY, L.C., ("Grantor"), of Dubuque County,
State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation,
its agents and contractors, from the date hereof, rights of ways and easements
through, under and across the following described real estate situated in
Dubuque, Iowa, to wit:
Part of Lot 2 of Beverly Pines No. 2, in the City of Dubuque, Iowa, as
shown on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a sanitary sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement shall also
include the right to cut, trim or remove trees, bushes and roots as may be
required incident to rights given herein.
Together with the right to enter upon said property during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said sanitary sewer and
appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
2700
ASS? City Evic Yeer
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass and existing driveways,
may be removed and not replaced by the City of Dubuque in the process of
maintaining, repairing or reconstructing the sanitary sewer main utility. City of
Dubuque will not be responsible for the replacement, repair, or relocation of any
future improvements, besides turf grass and existing driveways, that encroach in
the proposed easement.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this Z S day of �A.0 , 2020.
EDWARDS FAMILY REALTY CO., L.C.
By �,u'Lgi-A
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this .).? day of dilc y , A.D., 2020 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
her74 8 . eoctra,,- to me known to be the identical person(s) named in and
who executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
Notary Public In and For Said State
/OWN
CARLA M THOMAS
Commission Number 198930
My Commission Expires
Jo / (5' 17
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
O
R.O.W.
(100.00')
NOTES:
Dubuque
kiAgg
All -America City
1 '
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By:
RNK
Approved By:
RNK
Date: 05-28.2020
PART OF LOT 2 IN BEVERLY PINES NO. 2
CITY OF DUBUQUE, IOWA
C.LP. Number:
ISheet Number: 1 of 1
NORTH
0 10' 20'
SCALE 1" = 20' FEET
LOT 1
■ WALEN ACRES
40' PER INST. NO.
2019-13774
N88° 05' 01"E 264.77' (265.02')
FD. MAGNAIL MONUMENT
AT SW CORNER LOT 1
WALEN ACRES
LEGEND
• FOUND IRON ROD/PIPE
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
LOT 2 BEVERLY
PINES NO. 2
PER INST. NO.
8391-95
FD." IRON REROD
W/ORANGE PLASTIC CAP
"KOELKER 15487"
AT SE CORNER LOT 1
WALEN ACRES
LOT 2 WALEN ACRES
PER INST. NO.
2019-13774
N88° 05' 54"E 19.70'
EXIST. SAN.
SEWER & MANHOLE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: EDWARDS FAMILY REALTY COMPANY, L.C.
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
N88° 05' 54"E 159.30'
N88° 05' 54"E 179.00' (179.06')
N64
20' WIDE PERMANENT SANITARY
SEWER UTILITY EASEMENT
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
''"14/1e1. l 61-0/-2d Zd
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
43,7900/
�29 3
LOT 2 BEVERLY
PINES NO. 2
PER INST. NO.
8391-95
FD. NAIL MONUMENT
AT SW CORNER LOT 2
BEVERLY PINES NO. 2
FD.I" IRON REROD
W/RED PLASTIC CAP
"# 12631"
AT SE CORNER LOT 2
WALEN ACRES
LOT 2 BEVERLY
PINESNO. 2
PER INST. NO.
8391-95
S88° 10' 14' W
39.87'
S8O° 07 3611W
450m13' (450.22)
FD. 1" IRON PIPE
S09° 49' 27"E 11.52'
LOT 2-2 BEVERLY
PINES
S09° 49' 27"E 38.30'
FD. I" IRON ROD
AT SE CORNER LOT 2
BEVERLY PINES NO. 2
CITY OF DUBUQUE
EXHIBIT A - SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. JOB NO.
PROJECT EDWARDS ROAD SAN. SECTION TWPRANGE
ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION LOT 2 OF BEVERLY PINES NO. 2
OWNER EDWARDS FAMILY REALTY COMPANY, L.C.
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 195-20
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer
Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and
Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of
Dubuque, Iowa; and
Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties
as listed above, in the City of Dubuque, Iowa from the property owners as listed above,
copies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the
offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 6th day of July 2020. d A2/L/
Roy D. Buol, Mayor
Attest:
Kevin'S. Firnstahl, Mt, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 195-20 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of July, 2020.
Kevii S. Firnstahl', CMS, City Clerk
r
iu
Doc ID: 010527050005 Type GEN
Kind: EASEMENT
Recorded: 07/09/2020 at 02:13:29 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-00009895
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged, Melissa
N. Walen, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their
heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE,
IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the
date hereof, rights of ways and easements through, under and across the
following described real estate situated in Dubuque, Iowa, to wit:
Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa, as
shown on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a sanitary sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement shall also
include the right to cut, trim or remove trees, bushes and roots as may be
required incident to rights given herein.
Together with the right to enter upon said property during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said sanitary sewer and
appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
27°0
(5?? Ctiv Fr c n eer
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass and existing driveways,
may be removed and not replaced by the City of Dubuque in the process of
maintaining, repairing or reconstructing the sanitary sewer main utility. City of
Dubuque will not be responsible for the replacement, repair, or relocation of any
future improvements, besides turf grass and existing driveways, that encroach in
the proposed easement.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this day of
By:
, 2020.
N,elissa N. Walen
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this ` day of 01Ct , A.D., 2020 before me, the undersigned,
a Notary Public in and for saidCCounty, in said State, personally appeared
Melissa N. Walen to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
otary Public In and For Said State
,o
JOAN L ThftL
Commission Numb r T 2 Q
My Comm, Exp, MAF ?5 g@ 1
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque
bgbi
All -America City
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK
Approved By: RNK
Date: 05-27-2020
PART OF LOTS 1 AND 2 IN WALEN ACRES
CITY OF DUBUQUE, IOWA
C.I.P. Number:
Sheet Number: 1 of 1
NORTH
0 10' 20'
SCALE 1" = 20' FEET
40'
FD. MAGNAIL MONUMENT
AT SW CORNER LOT 1
WALEN ACRES
LOT 1 WALEN ACRES
PER INST. NO.
2019-13774
149.05' (149.02')
EXIST. SAN.
SEWER & MANHOLE
N88° 05' 54"E 13.07'
N01 ° 21' 06"W 20.00'-�
N88° 05' 01"E 264.77' (265.02')
N88° 05' 01"E 10.00'
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
704 2►. (o
Russell N. Kieffer Iowa Lic. No. 18128
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
Date
LOT 2 BEVERLY
PINES NO. 2
PER INST. NO.
8391-95
FD.f" IRON REROD
W/ORANGE PLASTIC CAP
"KOELKER 15487"
AT NE CORNER LOT 1
WALEN ACRES
LOT 2 WALEN ACRES
PER INST. NO.
2019-13774
LEGEND
O
R.O.W.
(100.00')
NOTES:
FOUND IRON ROD/PIPE
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: MELISSA N. WALEN
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
PERMANENT SANITARY
SEWER UTILITY EASEMENT
N64° 03' 19"W 42.82'
N88° 05' 54"E 179.00' (179.06')
N88° 05' 54"E 41.12'
FD.I" IRON REROD
W/ORANGE PLASTIC CAP
"KOELKER 15487"
AT SE CORNER LOT 1
WALEN ACRES
FD.I" IRON REROD
W/RED PLASTIC CAP
°'# 12631"
AT SE CORNER LOT 2
WALEN ACRES
CITY OF DUBUQUE
EXHIBIT A - SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. JOB NO.
PROJECT EDWARDS ROAD SAN. SECTION TWP�RANGE
ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION LOT 1 AND 2 OF WALEN ACRES
OWNER MELISSA N. WALEN
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 195-20
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer
Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and
Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of
Dubuque, Iowa; and
Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties
as listed above, in the City of Dubuque, Iowa from the property owners as listed above,
copies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the
offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 6th day of July 2020.
ti
Attest:
Kevin/S. Firnstahl, CMS , City Clerk
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 195-20 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 7th day of July, 2020.
Kevin S. Firnstahl, CM , City Clerk